76R10092 PB-D
By Greenberg, Solis of Cameron, et al. H.B. No. 616
Substitute the following for H.B. No. 616:
By Deshotel C.S.H.B. No. 616
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to eligibility for unemployment compensation benefits for
1-3 certain individuals who voluntarily leave their last work.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 204.022(a), Labor Code, is amended to
1-6 read as follows:
1-7 (a) Benefits computed on benefit wage credits of an employee
1-8 or former employee may not be charged to the account of an employer
1-9 if the employee's last separation from the employer's employment
1-10 before the employee's benefit year:
1-11 (1) was required by a federal statute;
1-12 (2) was required by a statute of this state or an
1-13 ordinance of a municipality of this state;
1-14 (3) would have disqualified the employee under Section
1-15 207.044, 207.045, 207.051, or 207.053 if the employment had been
1-16 the employee's last work;
1-17 (4) imposes a disqualification under Section 207.044,
1-18 207.045, 207.051, or 207.053;
1-19 (5) was caused by a medically verifiable illness of
1-20 the employee or the employee's minor child;
1-21 (6) was based on a natural disaster that results in a
1-22 disaster declaration by the president of the United States under
1-23 the Robert T. Stafford Disaster Relief and Emergency Assistance Act
1-24 (42 U.S.C. Section 5121 et seq.), if the employee would have been
2-1 entitled to unemployment assistance benefits under Section 410 of
2-2 that act (42 U.S.C. Section 5177) had the employee not received
2-3 state unemployment compensation benefits;
2-4 (7) was caused by a natural disaster, fire, flood, or
2-5 explosion that causes employees to be separated from one employer's
2-6 employment; [or]
2-7 (8) resulted from the employee's resigning from
2-8 partial employment to accept other employment that the employee
2-9 reasonably believed would increase the employee's weekly wage; or
2-10 (9) resulted from the employee's reasonable belief
2-11 that the employee was required to leave the employee's workplace to
2-12 protect the employee from family violence or stalking.
2-13 SECTION 2. Section 207.045, Labor Code, is amended by
2-14 amending Subsection (d) and by adding Subsections (j) and (k) to
2-15 read as follows:
2-16 (d) Notwithstanding any other provision of this section, an
2-17 individual who is able to work, as provided by Section
2-18 207.021(a)(3), and available to work, as provided by Section
2-19 207.021(a)(4), may not be disqualified for benefits because the
2-20 individual left work because of:
2-21 (1) a medically verified illness of the individual or
2-22 the individual's minor child;
2-23 (2) injury;
2-24 (3) disability; [or]
2-25 (4) pregnancy; or
2-26 (5) the employee's reasonable belief that the employee
2-27 was required to leave the employee's workplace to protect the
3-1 employee from family violence or stalking.
3-2 (j) The commission shall adopt rules as necessary to
3-3 implement Subsection (d).
3-4 (k) In this section:
3-5 (1) "Family violence" has the meaning assigned by
3-6 Section 71.004, Family Code.
3-7 (2) "Stalking" has the meaning assigned by Chapter 85,
3-8 Civil Practice and Remedies Code.
3-9 SECTION 3. This Act takes effect September 1, 1999, and
3-10 applies only to eligibility for unemployment compensation benefits
3-11 under a claim that is filed with the Texas Workforce Commission on
3-12 or after that date. Eligibility for unemployment compensation
3-13 benefits under a claim that is filed before that date is governed
3-14 by the law in effect on the date that the claim was filed, and the
3-15 former law is continued in effect for that purpose.
3-16 SECTION 4. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended.